HB 0207 2004
1	A bill to be entitled
2	An act relating to retirement; providing a popular name;
3	providing legislative intent; amending s. 121.091, F.S.;
4	revising provisions relating to benefits payable for total
5	and permanent disability for certain Special Risk Class
6	members of the Florida Retirement System who are injured
7	in the line of duty; providing for reemployment of retired
8	officers; amending ss. 175.191 and 185.18, F.S.; providing
9	minimum retirement benefits payable to certain Special
10	Risk Class members who are injured in the line of duty and
11	who are totally and permanently disabled due to such
12	injury; providing for contribution rate increases to fund
13	benefits provided in s. 121.091, F.S., as amended;
14	directing the Division of Statutory Revision to adjust
15	contribution rates set forth in s. 121.071, F.S.;
16	providing an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1. This act shall be known by the popular name the
21	"Officer Malcolm Thompson Act."
22	Section 2. It is declared by the Legislature that
23	firefighters, emergency medical technicians, paramedics, law
24	enforcement officers, correctional officers, and correctional
25	probation officers as defined in this act, sheriffs as defined
26	in s. 30.072(5), Florida Statutes, deputy sheriffs as defined in
27	s. 30.072(2), Florida Statutes, and highway patrol officers
28	under chapter 321, Florida Statutes, perform state and municipal
29	functions; that it is their duty to protect life and property at
30	their own risk and peril; that it is their duty to continuously
31	instruct school personnel, public officials, and private
32	citizens about safety; and that their activities are vital to
33	the public safety. Therefore, the Legislature declares that it
34	is a proper and legitimate state purpose to provide a uniform
35	retirement system for the benefit of firefighters, emergency
36	medical technicians, paramedics, law enforcement officers,
37	correctional officers, and correctional probation officers as
38	defined in this act, sheriffs as defined in s. 30.072(5),
39	Florida Statutes, deputy sheriffs as defined in s. 30.072(2),
40	Florida Statutes, and highway patrol officers under chapter 321,
41	Florida Statutes, and intends, in implementing the provisions of
42	s. 14, Art. X of the State Constitution as they relate to
43	municipal and special district pension trust fund systems and
44	plans, that such retirement systems or plans be managed,
45	administered, operated, and funded in such manner as to maximize
46	the protection of pension trust funds. Pursuant to s. 18, Art.
47	VII of the State Constitution, the Legislature hereby determines
48	and declares that the provisions of this act fulfill an
49	important state interest.
50	Section 3. Paragraph (b) of subsection (4) and paragraph
51	(b) of subsection (9) of section 121.091, Florida Statutes, are
52	amended to read:
53	121.091 Benefits payable under the system.--Benefits may
54	not be paid under this section unless the member has terminated
55	employment as provided in s. 121.021(39)(a) or begun
56	participation in the Deferred Retirement Option Program as
57	provided in subsection (13), and a proper application has been
58	filed in the manner prescribed by the department. The department
59	may cancel an application for retirement benefits when the
60	member or beneficiary fails to timely provide the information
61	and documents required by this chapter and the department's
62	rules. The department shall adopt rules establishing procedures
63	for application for retirement benefits and for the cancellation
64	of such application when the required information or documents
65	are not received.
66	(4) DISABILITY RETIREMENT BENEFIT.--
67	(b) Total and permanent disability.--A member shall be
68	considered totally and permanently disabled if, in the opinion
69	of the administrator, he or she is prevented, by reason of a
70	medically determinable physical or mental impairment, from
71	rendering useful and efficient service as an officer or
72	employee. A Special Risk Class member who is an officer as
73	defined in s. 943.10(1), (2), or (3); a firefighter as defined
74	in s. 633.30(1); an emergency medical technician as defined in
75	s. 401.23(11); or a paramedic as defined in s. 401.23(17) who is
76	catastrophically injured as defined in s. 440.02(38), Florida
77	Statutes 2002, in the line of duty as a result of a felonious
78	act of another shall be considered totally and permanently
79	disabled and unable to render useful and efficient service as an
80	officer, unless the administrator can provide documented
81	competent medical evidence that the officer is able to render
82	useful and efficient service as an officer. For purposes of this
83	section, the term "officer" includes police officers,
84	correctional officers, correctional probation officers, sheriffs
85	as defined in s. 30.072(5), deputy sheriffs as defined in s.
86	30.072(2), highway patrol officers under chapter 321,
87	firefighters, emergency medical technicians, and paramedics.
88	(9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.--
89	(b)1. Any person who is retired under this chapter, except
90	under the disability retirement provisions of subsection (4),
91	may be reemployed by any private or public employer after
92	retirement and receive retirement benefits and compensation from
93	his or her employer without any limitations, except that a
94	person may not receive both a salary from reemployment with any
95	agency participating in the Florida Retirement System and
96	retirement benefits under this chapter for a period of 12 months
97	immediately subsequent to the date of retirement. However, a
98	DROP participant shall continue employment and receive a salary
99	during the period of participation in the Deferred Retirement
100	Option Program, as provided in subsection (13).
101	2. Any person to whom the limitation in subparagraph 1.
102	applies who violates such reemployment limitation and who is
103	reemployed with any agency participating in the Florida
104	Retirement System before completion of the 12-month limitation
105	period shall give timely notice of this fact in writing to the
106	employer and to the division and shall have his or her
107	retirement benefits suspended for the balance of the 12-month
108	limitation period. Any person employed in violation of this
109	paragraph and any employing agency which knowingly employs or
110	appoints such person without notifying the Division of
111	Retirement to suspend retirement benefits shall be jointly and
112	severally liable for reimbursement to the retirement trust fund
113	of any benefits paid during the reemployment limitation period.
114	To avoid liability, such employing agency shall have a written
115	statement from the retiree that he or she is not retired from a
116	state-administered retirement system. Any retirement benefits
117	received while reemployed during this reemployment limitation
118	period shall be repaid to the retirement trust fund, and
119	retirement benefits shall remain suspended until such repayment
120	has been made. Benefits suspended beyond the reemployment
121	limitation shall apply toward repayment of benefits received in
122	violation of the reemployment limitation.
123	3. A district school board may reemploy a retired member
124	as a substitute or hourly teacher, education paraprofessional,
125	transportation assistant, bus driver, or food service worker on
126	a noncontractual basis after he or she has been retired for 1
127	calendar month, in accordance with s. 121.021(39). A district
128	school board may reemploy a retired member as instructional
129	personnel, as defined in s. 1012.01(2)(a), on an annual
130	contractual basis after he or she has been retired for 1
131	calendar month, in accordance with s. 121.021(39). Any other
132	retired member who is reemployed within 1 calendar month after
133	retirement shall void his or her application for retirement
134	benefits. District school boards reemploying such teachers,
135	education paraprofessionals, transportation assistants, bus
136	drivers, or food service workers are subject to the retirement
137	contribution required by subparagraph 8 7.
138	4. A community college board of trustees may reemploy a
139	retired member as an adjunct instructor, that is, an instructor
140	who is noncontractual and part-time, or as a participant in a
141	phased retirement program within the Florida Community College
142	System, after he or she has been retired for 1 calendar month,
143	in accordance with s. 121.021(39). Any retired member who is
144	reemployed within 1 calendar month after retirement shall void
145	his or her application for retirement benefits. Boards of
146	trustees reemploying such instructors are subject to the
147	retirement contribution required in subparagraph 8 7. A retired
148	member may be reemployed as an adjunct instructor for no more
149	than 780 hours during the first 12 months of retirement. Any
150	retired member reemployed for more than 780 hours during the
151	first 12 months of retirement shall give timely notice in
152	writing to the employer and to the division of the date he or
153	she will exceed the limitation. The division shall suspend his
154	or her retirement benefits for the remainder of the first 12
155	months of retirement. Any person employed in violation of this
156	subparagraph and any employing agency which knowingly employs or
157	appoints such person without notifying the Division of
158	Retirement to suspend retirement benefits shall be jointly and
159	severally liable for reimbursement to the retirement trust fund
160	of any benefits paid during the reemployment limitation period.
161	To avoid liability, such employing agency shall have a written
162	statement from the retiree that he or she is not retired from a
163	state-administered retirement system. Any retirement benefits
164	received by a retired member while reemployed in excess of 780
165	hours during the first 12 months of retirement shall be repaid
166	to the Retirement System Trust Fund, and retirement benefits
167	shall remain suspended until repayment is made. Benefits
168	suspended beyond the end of the retired member's first 12 months
169	of retirement shall apply toward repayment of benefits received
170	in violation of the 780-hour reemployment limitation.
171	5. The State University System may reemploy a retired
172	member as an adjunct faculty member or as a participant in a
173	phased retirement program within the State University System
174	after the retired member has been retired for 1 calendar month,
175	in accordance with s. 121.021(39). Any retired member who is
176	reemployed within 1 calendar month after retirement shall void
177	his or her application for retirement benefits. The State
178	University System is subject to the retired contribution
179	required in subparagraph 8 7., as appropriate. A retired member
180	may be reemployed as an adjunct faculty member or a participant
181	in a phased retirement program for no more than 780 hours during
182	the first 12 months of his or her retirement. Any retired member
183	reemployed for more than 780 hours during the first 12 months of
184	retirement shall give timely notice in writing to the employer
185	and to the division of the date he or she will exceed the
186	limitation. The division shall suspend his or her retirement
187	benefits for the remainder of the first 12 months of retirement.
188	Any person employed in violation of this subparagraph and any
189	employing agency which knowingly employs or appoints such person
190	without notifying the Division of Retirement to suspend
191	retirement benefits shall be jointly and severally liable for
192	reimbursement to the retirement trust fund of any benefits paid
193	during the reemployment limitation period. To avoid liability,
194	such employing agency shall have a written statement from the
195	retiree that he or she is not retired from a state-administered
196	retirement system. Any retirement benefits received by a retired
197	member while reemployed in excess of 780 hours during the first
198	12 months of retirement shall be repaid to the Retirement System
199	Trust Fund, and retirement benefits shall remain suspended until
200	repayment is made. Benefits suspended beyond the end of the
201	retired member's first 12 months of retirement shall apply
202	toward repayment of benefits received in violation of the 780-
203	hour reemployment limitation.
204	6. The Board of Trustees of the Florida School for the
205	Deaf and the Blind may reemploy a retired member as a substitute
206	teacher, substitute residential instructor, or substitute nurse
207	on a noncontractual basis after he or she has been retired for 1
208	calendar month, in accordance with s. 121.021(39). Any retired
209	member who is reemployed within 1 calendar month after
210	retirement shall void his or her application for retirement
211	benefits. The Board of Trustees of the Florida School for the
212	Deaf and the Blind reemploying such teachers, residential
213	instructors, or nurses is subject to the retirement contribution
214	required by subparagraph 8 7. Reemployment of a retired member
215	as a substitute teacher, substitute residential instructor, or
216	substitute nurse is limited to 780 hours during the first 12
217	months of his or her retirement. Any retired member reemployed
218	for more than 780 hours during the first 12 months of retirement
219	shall give timely notice in writing to the employer and to the
220	division of the date he or she will exceed the limitation. The
221	division shall suspend his or her retirement benefits for the
222	remainder of the first 12 months of retirement. Any person
223	employed in violation of this subparagraph and any employing
224	agency which knowingly employs or appoints such person without
225	notifying the Division of Retirement to suspend retirement
226	benefits shall be jointly and severally liable for reimbursement
227	to the retirement trust fund of any benefits paid during the
228	reemployment limitation period. To avoid liability, such
229	employing agency shall have a written statement from the retiree
230	that he or she is not retired from a state-administered
231	retirement system. Any retirement benefits received by a retired
232	member while reemployed in excess of 780 hours during the first
233	12 months of retirement shall be repaid to the Retirement System
234	Trust Fund, and his or her retirement benefits shall remain
235	suspended until payment is made. Benefits suspended beyond the
236	end of the retired member's first 12 months of retirement shall
237	apply toward repayment of benefits received in violation of the
238	780-hour reemployment limitation.
239	7. An employing agency may reemploy a retired member as an
240	officer after the retired member has been retired for 1 calendar
241	month, in accordance with s. 121.021(39). Any retired member who
242	is reemployed within 1 calendar month after retirement shall
243	void his or her application for retirement benefits. An
244	employing agency reemploying such officer is subject to the
245	retirement contribution required in subparagraph 8. Reemployment
246	of a retired officer is limited to no more than 780 hours during
247	the first 12 months of his or her retirement. Any retired member
248	reemployed for more than 780 hours during the first 12 months of
249	retirement shall give timely notice in writing to the employer
250	and to the division of the date he or she will exceed the
251	limitation. The division shall suspend his or her retirement
252	benefits for the remainder of the first 12 months of retirement.
253	Any person employed in violation of this subparagraph and any
254	employing agency that knowingly employs or appoints such person
255	without notifying the Division of Retirement to suspend
256	retirement benefits shall be jointly and severally liable for
257	reimbursement to the retirement trust fund of any benefits paid
258	during the reemployment limitation period. To avoid liability,
259	such employing agency shall have a written statement from the
260	retiree that he or she is not retired from a state-administered
261	retirement system. Any retirement benefits received by a retired
262	member while reemployed in excess of 780 hours during the first
263	12 months of retirement shall be repaid to the Retirement System
264	Trust Fund, and retirement benefits shall remain suspended until
265	repayment is made. Benefits suspended beyond the end of the
266	retired member's first 12 months of retirement shall apply
267	toward repayment of benefits received in violation of the 780-
268	hour reemployment limitation.
269	8.7.The employment by an employer of any retiree or DROP
270	participant of any state-administered retirement system shall
271	have no effect on the average final compensation or years of
272	creditable service of the retiree or DROP participant. Prior to
273	July 1, 1991, upon employment of any person, other than an
274	elected officer as provided in s. 121.053, who has been retired
275	under any state-administered retirement program, the employer
276	shall pay retirement contributions in an amount equal to the
277	unfunded actuarial liability portion of the employer
278	contribution which would be required for regular members of the
279	Florida Retirement System. Effective July 1, 1991, contributions
280	shall be made as provided in s. 121.122 for retirees with
281	renewed membership or subsection (13) with respect to DROP
282	participants.
283	9.8.Any person who has previously retired and who is
284	holding an elective public office or an appointment to an
285	elective public office eligible for the Elected Officers' Class
286	on or after July 1, 1990, shall be enrolled in the Florida
287	Retirement System as provided in s. 121.053(1)(b) or, if holding
288	an elective public office that does not qualify for the Elected
289	Officers' Class on or after July 1, 1991, shall be enrolled in
290	the Florida Retirement System as provided in s. 121.122, and
291	shall continue to receive retirement benefits as well as
292	compensation for the elected officer's service for as long as he
293	or she remains in elective office. However, any retired member
294	who served in an elective office prior to July 1, 1990,
295	suspended his or her retirement benefit, and had his or her
296	Florida Retirement System membership reinstated shall, upon
297	retirement from such office, have his or her retirement benefit
298	recalculated to include the additional service and compensation
299	earned.
300	10.9.Any person who is holding an elective public office
301	which is covered by the Florida Retirement System and who is
302	concurrently employed in nonelected covered employment may elect
303	to retire while continuing employment in the elective public
304	office, provided that he or she shall be required to terminate
305	his or her nonelected covered employment. Any person who
306	exercises this election shall receive his or her retirement
307	benefits in addition to the compensation of the elective office
308	without regard to the time limitations otherwise provided in
309	this subsection. No person who seeks to exercise the provisions
310	of this subparagraph, as the same existed prior to May 3, 1984,
311	shall be deemed to be retired under those provisions, unless
312	such person is eligible to retire under the provisions of this
313	subparagraph, as amended by chapter 84-11, Laws of Florida.
314	11.10.The limitations of this paragraph apply to
315	reemployment in any capacity with an "employer" as defined in s.
316	121.021(10), irrespective of the category of funds from which
317	the person is compensated.
318	11. An employing agency may reemploy a retired member as a
319	firefighter or paramedic after the retired member has been
320	retired for 1 calendar month, in accordance with s. 121.021(39).
321	Any retired member who is reemployed within 1 calendar month
322	after retirement shall void his or her application for
323	retirement benefits. The employing agency reemploying such
324	firefighter or paramedic is subject to the retired contribution
325	required in subparagraph 8. Reemployment of a retired
326	firefighter or paramedic is limited to no more than 780 hours
327	during the first 12 months of his or her retirement. Any retired
328	member reemployed for more than 780 hours during the first 12
329	months of retirement shall give timely notice in writing to the
330	employer and to the division of the date he or she will exceed
331	the limitation. The division shall suspend his or her retirement
332	benefits for the remainder of the first 12 months of retirement.
333	Any person employed in violation of this subparagraph and any
334	employing agency which knowingly employs or appoints such person
335	without notifying the Division of Retirement to suspend
336	retirement benefits shall be jointly and severally liable for
337	reimbursement to the Retirement System Trust Fund of any
338	benefits paid during the reemployment limitation period. To
339	avoid liability, such employing agency shall have a written
340	statement from the retiree that he or she is not retired from a
341	state-administered retirement system. Any retirement benefits
342	received by a retired member while reemployed in excess of 780
343	hours during the first 12 months of retirement shall be repaid
344	to the Retirement System Trust Fund, and retirement benefits
345	shall remain suspended until repayment is made. Benefits
346	suspended beyond the end of the retired member's first 12 months
347	of retirement shall apply toward repayment of benefits received
348	in violation of the 780-hour reemployment limitation.
349	Section 4. Subsection (5) of section 175.191, Florida
350	Statutes, is amended to read:
351	175.191 Disability retirement.--For any municipality,
352	special fire control district, chapter plan, local law
353	municipality, local law special fire control district, or local
354	law plan under this chapter:
355	(5) The benefit payable to a firefighter who retires from
356	the service of a municipality or special fire control district
357	due to total and permanent disability as a direct result of a
358	disability is the monthly income payable for 10 years certain
359	and life for which, if the firefighter's disability occurred in
360	the line of duty, his or her monthly benefit shall be the
361	accrued retirement benefit, but shall not be less than 42
362	percent of his or her average monthly salary at the time of
363	disability. If after 10 years of service the disability is other
364	than in the line of duty, the firefighter's monthly benefit
365	shall be the accrued normal retirement benefit, but shall not be
366	less than 25 percent of his or her average monthly salary at the
367	time of disability. Notwithstanding any provision to the
368	contrary, the monthly retirement benefit payable to a
369	firefighter, emergency medical technician, or paramedic who
370	retires from service due to total and permanent disability as a
371	result of a catastrophic injury as defined in s. 440.02(38),
372	Florida Statutes 2002, suffered in the line of duty where such
373	injury is a result of a felonious act of another shall be the
374	accrued retirement benefit but shall not be less than 80 percent
375	of his or her average monthly salary at the time of disability.
376	Section 5. Subsection (5) of section 185.18, Florida
377	Statutes, is amended to read:
378	185.18 Disability retirement.--For any municipality,
379	chapter plan, local law municipality, or local law plan under
380	this chapter:
381	(5) The benefit payable to a police officer who retires
382	from the service of the city with a total and permanent
383	disability as a result of a disability is the monthly income
384	payable for 10 years certain and life for which, if the police
385	officer's disability occurred in the line of duty, his or her
386	monthly benefit shall be the accrued retirement benefit, but
387	shall not be less than 42 percent of his or her average monthly
388	compensation as of the police officer's disability retirement
389	date. If after 10 years of service the disability is other than
390	in the line of duty, the police officer's monthly benefit shall
391	be the accrued normal retirement benefit, but shall not be less
392	than 25 percent of his or her average monthly compensation as of
393	the police officer's disability retirement date. Notwithstanding
394	any provision to the contrary, the monthly retirement benefit
395	payable to a police officer who retires from service due to
396	total and permanent disability as a result of a catastrophic
397	injury as defined in s. 440.02(38), Florida Statutes 2002,
398	suffered in the line of duty where such injury is a result of a
399	felonious act of another shall be the accrued retirement benefit
400	but shall not be less than 80 percent of the officer's average
401	monthly compensation as of the officer's disability retirement
402	date.
403	Section 6. Effective July 1, 2004, in order to fund the
404	benefits provided in s. 121.091, Florida Statutes, as amended by
405	this act:
406	(1) The contribution rate that applies to the Special Risk
407	Class of the defined benefit program of the Florida Retirement
408	System shall be increased by 0.02 percentage points.
409	(2) The contribution rate that applies to the Special Risk
410	Administrative Support Class of the defined benefit program of
411	the Florida Retirement System shall be increased by 0.14
412	percentage points.
413
414	These increases shall be in addition to all other changes to
415	such contribution rates which may be enacted into law to take
416	effect on that date. The Division of Statutory Revision is
417	directed to adjust accordingly the contribution rates set forth
418	in s. 121.071, Florida Statutes.
419	Section 7. This act shall take effect upon becoming a law.